Special clauses could cost government schools as much as $19bn between 2018 and 2027, a researcher says.
Photograph: Kelly Barnes/AAP

Public schools stand to miss out on billions in funding thanks to special clauses in the long-term deals struck between the commonwealth and the states.

Last year the commonwealth struck long-term education funding agreements with every state and territory except Victoria, locking in place the amount of money to be spent on public and private schools.

But a new analysis of the agreements claims a special clause could cost government schools as much as $19bn between 2018 and 2027 by allowing states and territories to include funding for things like building maintenance in their overall contribution to the public sector.

Labor promises to backdate Gonski payments for Victoria if it wins election

Read more

An education researcher and public schools advocate, Trevor Cobbold, said the government sector was being “swindled” by “special deals” which were allowing the states to “artificially boost their funding” for public schools.

And the long-term bilateral agreements struck between the commonwealth and every state and territory except Victoria late last year show the original definition of the SRS has been railroaded to allow states and territories to include “extra expenditure items” as up to 4% of their total SRS.

It means that every state and territory bar the ACT is able to partially count expenditure explicitly excluded from the original definition of the School Resourcing Standard as part of their overall education budget.

Each state’s agreement is different, meaning they’re able to claim different expenditure as part of the deal.

In New South Wales, for example, the state’s education standards authority and capital depreciation costs are able to be partially taken into account in its SRS calculation.

Rob Stokes, the state’s education minister, said it “does not impact on the $6.4bn in additional funding for NSW government schools”.

“Unlike some states, NSW will only include expenditure that directly relates to public education in this 4%, including NESA (the proportion that serves public schools) and capital depreciation,” he said. “This funding is real additional money and will be delivered in full.”

In Western Australia, direct school transport, capital depreciation, kindergarten expenditure and all regulatory funding associated with the state’s school curriculum authority can be included in the 4% SRS allowance.

The Australian Capital Territory is the only state or territory which does not include the 4% exemption in its bilateral agreement with the commonwealth.

According to a new analysis by Cobbold, the “additional” expenditure items could cost public schools $19bn in the decade after the agreement if the states and territories claim the full 4% exemption.

And the same expenditure cannot be used to count against the state’s contribution to private schools.

“Only public schools are being defrauded by this sleight of hand in the bilateral agreements,” Cobbold writes in his analysis.

“The allowance for state governments to substitute other expenditures for actual increases in recurrent funding as defined for the SRS does not apply to private schools. Yet, private schools benefit from capital funding by state governments, school transport funding and regulatory and standards authorities funded by the states.”

Published on Thursday, Cobbold’s analysis shows public schools could be short-changed to the tune of $60bn over the decade to 2027.

How the Catholic schools sector outplayed the Coalition

Read more

The terms of the Gonski agreement struck by Birmingham required the majority of states to reach 75% of the SRS for public schools by 2023 while the commonwealth funded 20%, leaving a 5% shortfall.

And data published in the bilateral agreements shows public schools are now funded at less than 95% of the SRS in every state except the ACT and WA.

Cobbold estimates that if the deals remain in place until 2027, it could mean a “cumulative” loss of $41bn for the public sector.

“Public schools are being defrauded by school funding agreements finalised at the end of last year between the commonwealth and the state and territory governments,” Cobbold writes in the paper.

“Public schools in all states except the ACT will only ever be funded at 95% of their School Resourcing Standard at best, and likely less.

“In contrast, private schools in all states except the Northern Territory are guaranteed funding at 100% or more of their SRS by 2023.

“The agreements are heavily biased against public schools and in favour of private schools.”